Is it possible to have dual citizenship in Azerbaijan?

Legislation

The main legislative act regulating the acquisition, termination or receipt of second citizenship in the Russian Federation is Federal Law No. 62 of May 31, 2002. There are several rules that are important when applying for citizenship of another country:

Important! To acquire Azerbaijani citizenship, you do not need to renounce Russian citizenship if there is no such need.

Answers to common questions

Question No. 1 : How can minor children under 14 years of age obtain Azerbaijani citizenship?

Answer : Children under 14 years of age, upon receipt of citizenship of their parents (by one of the parents, but with the written consent of the other) of the Azerbaijan Republic, automatically acquire citizenship of the Azerbaijan Republic.

Question No. 2 : Is one of the spouses deprived of citizenship, provided that the other spouse has renounced Azerbaijani citizenship?

Answer : The conclusion or dissolution of a marriage does not entail a change in the citizenship of the husband and wife, similarly, a change in the citizenship of the husband (wife) does not entail a change in the citizenship of the wife (husband).
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Who can obtain Azerbaijani citizenship?

The law of the Azerbaijan Republic (AR) provides for several ways to acquire citizenship:

If an international treaty has been concluded between Azerbaijan and another country, a simplified procedure for obtaining citizenship is possible. There is no such agreement with Russia.

Example No. 1: assignment of Azerbaijani citizenship in connection with restoration

A citizen of Azerbaijan decided to move to one of the European Union countries, where the presence of another citizenship is excluded. To do this, he had to renounce his citizenship of the Republic of Azerbaijan. A few years later he decided to return to his homeland. There were no grounds for refusing his application, so a few weeks later he received an Azerbaijani passport.

Example No. 2: registration of citizenship on the basis of a residence permit

The Russian moved to Azerbaijan, received a temporary residence permit, and then obtained a residence permit. After 5 years, he decided to apply for citizenship. His petition was granted, because. he has lived in the AR for more than 5 years and has the right to become a full citizen of the Republic.

Notes

1. President Ilham Aliyev was presented with the first biometric passport of a citizen of Azerbaijan
2. Biometric passports in Azerbaijan can be obtained from – State Agency
3. Azerbaijan has begun issuing biometric passports to citizens.
4. Azərbaycan Respublikası vətəndaşının xidməti pasportu.
5. Henley & Partners Visa Restrictions Index Global Ranking 2012
6. The first biometric passport of a citizen of the Republic of Azerbaijan was presented to President Ilham Aliyev
7. Issuance of new generation passports
8. Samples of new biometric passports of Azerbaijan published
9. Ümumvətəndaş, xidməti və diplomatik pasportların spesifikasiyası təsdiq edildi
10. Ümumvətəndaş, xidməti və diplomatik pasportların təsvirinin, spesifikasiyasının və nümunələrinin təsdiq edilməsi haqqında Azərbaycan Respublikasi Prezidentinin Fərmani

How can a citizen of the Russian Federation obtain Azerbaijani citizenship?

The procedure for obtaining Azerbaijani citizenship is carried out at the migration department of the Ministry of Internal Affairs of the subject of the AR. To do this, it is necessary to submit an application and accept the Constitution of the Republic. The whole process looks like this:

1. The Russian takes an exam on his knowledge of the Azerbaijani language, then submits an application for citizenship.
2. After reviewing the documents, the applicant is notified of the decision. If it is positive, he must report to the unit to obtain a passport.

“In most countries, the procedure for acquiring citizenship is quite complicated, but in some, on the contrary, it is extremely easy and minimum criteria are established. Azerbaijan has chosen the golden mean"

A. Allahveranov, expert on migration issues

Documents and cost

In addition to the written application, other documents must be submitted to the migration department of the subject of Azerbaijan:

• Autobiography.
• Certificate of family composition.
• Receipt for payment of state duty.
• Russian passport.
• Salary certificates.
• A certificate issued based on the results of a language proficiency exam.
• Photos 3 x 4 (4 pcs., color).
• Certificates confirming residence in the Russian Federation for a period of more than 5 years (for example, temporary residence permit).

Before submitting an application, you must pay a state fee of 110 manats. At the final stage, upon approval, an AR passport is issued, for which you will also have to pay money. The cost depends on the urgency of its production: if it needs to be done in 3 working days, 10 manats are paid, over three days - only 1 manat. The cost of one monetary unit is 34-37 rubles, depending on the exchange rate.

Requirements for applicants and required documents

For persons applying for Azerbaijani citizenship, several requirements are put forward:

• the candidate's age must be over 18 years;
• knowledge of the state language at the required level;
• absence of health problems that interfere with ability to work;
• documented legal stable income;
• no difficulties with the law.

When Russians need to apply for a visa to Azerbaijan - up to 90 days is not needed, but what to do next?
If a person applying for the status of a citizen of the republic meets all the conditions, then he needs to submit a package of necessary documents to the State Migration Service:

1. an application for citizenship addressed to the president;
2. questionnaire;
3. autobiography;
4. copies of birth certificate, international passport and registration certificate;
5. certificate of family composition;
6. Marriage certificate;
7. a document confirming permanent residence issued by the city administration at the place of registration;
8. a certificate indicating the presence of a stable official income;
9. certificate of proficiency in Azerbaijani language;
10. a copy of the permanent residence permit;
11. receipt of payment of state duty in the amount of 110 manats;
12. 4 photographs of the established sample.

How to draw up a notification to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation?

In accordance with Russian legislation, citizens of the Russian Federation, when acquiring a second citizenship, are required to notify the Department of Internal Affairs of the Ministry of Internal Affairs about this in writing within two months after the issuance of a foreign passport.

If deadlines are missed, no fines will be imposed: Part 3 of Art. 6 of Federal Law No. 62 explains that if a citizen has obtained citizenship in another country and lives on its territory, he can notify the Internal Affairs Directorate of the Ministry of Internal Affairs within 30 calendar days after entering the Russian Federation.

The notification document can be downloaded on the website of the subject’s migration division. It must contain information about the new passport (series, number, date of issue, etc.), as well as the country of residence and the grounds on which the second citizenship was acquired.

Citizenship Notice

Grounds for legalization in Azerbaijan

You can legally become a member of Azerbaijani society based on the following points:

• at birth on the territory of the country or from persons having citizenship of this state;
• by naturalization;
• on the basis of international agreements;
• according to other grounds provided by law and the Constitution.

Having one of the listed advantages, it is necessary to meet several more conditions that will guarantee the successful legalization of stay and assimilation into society. Among them:

• residence in the specified country for a period of five years, must be legal;
• the ability to ensure your financial stability and independence;
• compliance with laws;
• confirmation of knowledge of the state language.

As a confirming document of fluency in the official language of communication in the country, you can provide a certificate of passing the relevant exam or a diploma of education received in any educational institution in the country.

Pros and cons of Russia-Azerbaijan citizenship

Among all the advantages and disadvantages of dual citizenship, it is enough to highlight the following:

Current law

The current law is guided by the Constitution of Azerbaijan and, more importantly, the Law of Azerbaijan “On Citizenship of the Republic of Azerbaijan”, adopted on September 30, 1998.[1] The Constitution defines citizenship as follows: “A person who has a political and judicial relationship with the Republic of Azerbaijan, as well as mutual rights and obligations, is a citizen of the Republic of Azerbaijan.”[2] It is based primarily on the principle of jus sanguinis.[3] It includes the right to citizenship of Azerbaijani refugees from Armenia and ethnic Azerbaijanis from the rest of the world. Dual citizenship is not recognized by the Republic of Azerbaijan.[3]

Law on Citizenship of the Republic of Azerbaijan

The law was adopted on September 30, 1998 by the National Assembly of Azerbaijan. By the end of March 2021, it had undergone 21 amendments. The law consists of 5 sections and 26 articles. The first section is devoted to general provisions. The second section includes articles on the acquisition and restoration of Azerbaijani citizenship

.
The third section sets out the conditions for termination of Azerbaijani citizenship
.
The citizenship of children in the event of a change in the citizenship of their parents and adoption
are regulated in the fourth section.
The last section is devoted to the force of international legal norms on issues of citizenship
. In case of conflict between the Law and international treaties to which Azerbaijan is a party, international treaties shall prevail.[4][5]

Citizenship by birth

Azerbaijan is jus sanguinis

state as opposed to
jus soli
state, which means that it ascribes citizenship by blood rather than by place of birth.[3] However, the nationality of Azerbaijan is also determined by citizenship, and not just by origin. The birth of a foreigner or stateless person on the territory of Azerbaijan does not automatically entail the acquisition of Azerbaijani citizenship.[3][6]

The Azerbaijani Citizenship Law provides provisions under which a person can automatically become a citizen of Azerbaijan at birth:

• When at least one of the parents is a citizen of Azerbaijan.[4]
• When a child was born on the territory of Azerbaijan, if neither of the parents is a citizen of Azerbaijan and at least one of the parents is not a foreigner.[4]
• When the child was born on the territory of Azerbaijan and both parents are unknown.[4]

Dual nationality

Azerbaijan does not allow dual citizenship, and anyone who voluntarily applies for and receives foreign citizenship automatically loses Azerbaijani citizenship.[3] However, Azerbaijani immigrants wishing to renounce their citizenship in order to acquire the citizenship of another country (for example, Germany, which requires renunciation of previous citizenship, or Japan) must file a denunciation. This process can take up to a year.

The only exception is that the President of Azerbaijan may grant dual citizenship to persons of particular importance, and that person will not lose Azerbaijani citizenship by retaining the foreign citizenship he or she acquired, or lose his or her original foreign citizenship by being granted Azerbaijani citizenship.[3]

Loss of citizenship

The Constitution does not allow depriving a person of Azerbaijani citizenship under any circumstances.[7] However, voluntary renunciation of Azerbaijani citizenship is permitted by law. Likewise, restoration of Azerbaijani citizenship is also permitted by law if a person renounces his foreign citizenship.

Most common mistakes

Mistake #1. Azerbaijani citizenship is assigned automatically upon marriage to a citizen of the Azerbaijan Republic.

No, this is impossible. Registration of relations is not the basis for registration of citizenship, even if the person has no citizenship at all. A written application is required.

Mistake #2. If a child is born outside of Azerbaijan, he is a citizen of the Azerbaijan Republic.

According to Art. 12 Federal Law No. 62, when a newborn is born on the territory of the Russian Federation, he is a Russian citizen if his parents are foreigners and they were denied citizenship for the child in the AR.

Double citizenship

Dual citizenship implies that the two states that have signed such an agreement recognize the citizenship of each party. Accordingly, persons who have received passports of both countries participating in the agreement have the right to enjoy the privileges and benefits of the two states, observing the laws and being responsible in the prescribed manner to each of the parties.

There is no institution of dual citizenship in Azerbaijan.

It follows that he views his citizens exclusively as members of his society, and therefore refuses to recognize their belonging to other countries. But, importantly, until recently the law did not prohibit doing this. However, amendments adopted last year made some adjustments to the situation:

• When applying for a passport of a foreign state, a person who is a citizen of Azerbaijan is obliged to report within a month that he has received a second passport. The officially confirmed fact of this receipt entails deprivation of Azerbaijani citizenship. And untimely notification of executive authorities also obliges you to pay a fine.
• A child born on the territory of the country from parents with foreign citizenship does not have the opportunity to obtain citizenship at the place of birth.
• A child whose both parents are stateless and born in Azerbaijan automatically becomes its subject.

Dual citizenship of Azerbaijan and Russia is not provided for by law. When submitting an application to legalize your stay in one of these countries, you must attach a document confirming either the fact that the candidate has applied to the appropriate authorities with a request to deprive him of citizenship, or indicating the impossibility of carrying out this procedure. As for the Russian side: persons who cannot be deprived of citizenship include those who have received political asylum on the territory of the state and refugees.

Deprivation of citizenship of the Republic of Azerbaijan

In Azerbaijan, in turn, some amendments were made regarding the deprivation of legal grounds to be considered a citizen of the republic. Now you can lose this status for the following reasons:

• voluntary acceptance of citizenship of another state;
• voluntary service in the armed forces, municipal or government services of other countries;
• as a result of actions that jeopardize the security of the state;
• upon detection of falsification of documents.

These changes, however, will not affect persons who obtained citizenship of a foreign state before these amendments entered into force. And if dual citizenship is prohibited in Azerbaijan, then Russia allows the fact of having a second citizenship. This means that it considers such a subject exclusively as a member of Russian society, but allows for the possibility of his owning a passport of another state.

From all of the above it follows that in Azerbaijan it is not possible to have either dual or second citizenship. The Russian side adheres to a more loyal policy in these matters, which allows dual citizenship only with Turkmenistan and Tajikistan, and turns a blind eye to documents issued by all other countries

FAQ

Question No. 1. What to do if citizenship is denied in Azerbaijan?

If denied, the applicant is sent a notice describing the reasons. If they are unfounded, you should file a written complaint with a higher authority or management.

Question No. 2. Is it possible to obtain citizenship at the consulate or embassy of the Republic of Azerbaijan while on Russian territory?

Yes, you can. The documents required are the same as when applying to the migration department in Azerbaijan.